Plainfield

Legal Representation for Plainfield Residents Dissolving a Marriage

The village of Plainfield is located partly in Will County and partly in Kendall County. Over 40,000 people make Plainfield their home, many of whom are families. About three-quarters of the households consist of married couples, and over half include children under the age of 18. Divorce is one of the most stressful things that a person can go through. While it is never easy, having a skilled divorce attorney on your side can help you understand your rights and the possible outcomes of the proceedings. The Plainfield divorce lawyers at Kollias & Giese, P.C., work with clients using an individualized approach. We have experience helping divorcing spouses reach an efficient and amicable solution to help them move on with their lives. However, if your spouse is not willing to negotiate in good faith, we can also help you fight for the outcomes that you deserve.

In 2013, Will County saw 1,824 divorces or annulments, while Kendall County saw 384, according to the Illinois Department of Health. If you are considering a divorce, you may be concerned as to how your property will likely be divided.

Factors to Consider When Dividing Property in Illinois

Before dividing assets and debts in a divorce, the court will first decide what is marital property and what is separate property. Once the court has determined which property is marital and thus subject to division, it will divide that property. Illinois uses an equitable distribution scheme, so a court will consider many different elements to determine what is equitable in the circumstances. You should note that one factor that does not play a role is the reason for the marriage ending, such as any marital wrongdoing. A divorce attorney can explain to Plainfield residents how this system may apply to their specific case.

Individuals considering a divorce in this area may be especially worried about how property division laws will affect who gets to keep the home. The median home price in Plainfield was $287,100 in 2016. That means that for many couples, their home may be their greatest asset. A court will consider several factors to determine who should keep the home, such as the parties’ ability to afford to remain in the home and the ability of one party to “buy out” the other party for their share of the home. If there are children from the marriage, whenever possible, the court will try to allow the children to remain in the home, and it likely will award the home to the parent with whom the children will primarily live, although every circumstance is different.

Children and Parenting Time

While the median age in Plainfield is 31.4, over 30% of Plainfield’s population is made up of children who are 17 and under. That means that many Plainfield couples considering a divorce will have children. Our Plainfield divorce attorneys can help them understand what to expect from the process. Illinois has moved away from using the term “custody” and instead refers to the concepts of parenting time and parental responsibility. Parental responsibility is similar to what used to be called legal custody. Parental responsibility refers to each parent’s ability to make important decisions for the child, such as decisions surrounding medical care, education, and religion. Parents will often share parental responsibility, but not always. Meanwhile, parenting time is what used to be called physical custody and visitation. Parenting time covers who has the daily responsibility for the child at any given time.

Typically, a court will approve a parenting plan to which the parents agree, provided that it is in the best interests of the child. If the parents cannot agree, the case may go to trial at the Will County Circuit Court in Joliet. At trial, the judge will look at several factors, including what will lead to the least disruption in the child’s life and who is most able to care for the child. The court always makes decisions with the best interests of the child in mind. A skilled divorce attorney can help you make a strong case for your desired outcome.

Contact a Divorce Lawyer in the Plainfield Area to Understand Your Options

While Illinois law lays out what the courts consider when dividing property and handling other aspects of a divorce, only a qualified divorce attorney can tell you how the law may apply to your particular situation. At Kollias & Giese, P.C., we use a client-centered approach to divorce and other family law matters. That means that we will listen carefully to your goals and preferences. We work with clients in Plainfield and the rest of Will County, as well as DuPage County, Cook County, Kane County, and the surrounding areas. We can offer evening and weekend appointments for your convenience. Contact us today for a free consultation online or at 640-407-1200.